[Ord. 214, 12/17/2001, § 1]
The owners of the property on or in front of which shade trees
are located shall keep them trimmed so as not to interfere with the
unimpeded use of the street and sidewalk by pedestrians and vehicular
traffic. Clearance above the grade of the sidewalk shall be no less
than seven feet and above the grade of the street no less than 16
feet at a distance of three feet from the curb line; provided that
the Township shall have the authority to designate a higher clearance
on any public highway where heavy traffic or other conditions make
it expedient.
[Ord. 214, 12/17/2001, § 1]
If any property owner shall neglect or refuse to trim any shade
tree as required by this Part, upon notice in writing by the Township
within the time limit specified in such notice, said property owner
shall be guilty of a violation of this Part and, following the expiration
of such time limit, the Township shall have the authority to cause
such trimming to be done by the Township or under contract therewith,
and to collect the expense of such work, together with an additional
amount of 10% thereof, from such property owner, and the entire amount
thereof shall be a lien upon said premises, and a claim therefor shall
be filed and collected by the Township Solicitor in the same manner
as municipal claims are filed and collected.
[Ord. 214, 12/17/2001, § 1]
Any person, firm, corporation or other entity who shall violate
any provision of this Part shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600, together with costs of prosecution,
and in default of payment of such fine and costs, shall be subject
to imprisonment in the county jail for a term not to exceed 30 days.
Each day that a violation continues shall constitute a separate offense.
[Ord. 214, 12/17/2001, § 1]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors of Lower Heidelberg Township that this Part would
have been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.
